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What to do when moving abroad with your child?

In order to move your child abroad you must first obtain consent from every person with parental responsibility for that child. A mother always has parental responsibility, so consent from her must be sought.

There are a number of different situations when a father can have parental responsibility, including if the father was married to the child’s mother when the child was born. Someone else could also have parental responsibility through permission from the mother or a court order.

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It is important to get specialist legal advice if you are thinking of moving your child abroad or you are worried that your ex-spouse is going to move your child abroad without your permission. If a child is taken without permission of all parties with parental responsibility then this becomes child abduction and is a criminal offence.

The parent with the residence order does not, however, need to get permission from the other parent to remove the child from the country for no more than 28 days.

Austin Kemp’s experienced team of solicitors can advise you if you would like to move abroad with your child or if your ex-spouse is trying to move abroad with your child without your permission. It is important to seek legal advice as early as possible.

For more information on this subject please visit our Legal Library.


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